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1992/01/28 City Council MinutesRohnert Park City Council Minutes January 28, 1992 The Council of the City of Rohnert Park met this date in regular session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Spiro presiding. CALL TO ORDER Mayor Spiro called the regular session to order at approximately 6:30 p.m. and led the pledge of allegiance. Mayor Spiro advised that a closed session commenced this evening at 6:00 p.m. to discuss personnel matters. She said no action was taken and there was nothing to report at this time. ROLL CALL Present: (5) Councilmembers Eck, Hollingsworth, Hopkins, Reilly, and Mayor Spiro Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, Planning Director Skanchy and Director of Public Works /City Engineer Brust. Approval of Minutes Upon motion by Councilmember Hopkins, seconded by Councilmember Hollingsworth, except for correction by Councilman Reilly on page 15 of January 14 minutes wherein the motion regarding Resolution No. 92 -10 was seconded by Councilman Hollingsworth instead of Councilman Reilly, the minutes of January 14 and 15, 1992 were unanimously approved as amended. Approval of Bills Upon motion by Councilmember Hopkins, seconded by Councilmember Hollingsworth , the bills presented per the attached list in the amount of $326,348.66 were unanimously approved. Non - agendaed Mayor Spiro queried if any Councilmember had any non - agendaed Matters items to add to the agenda. NUNENT OF SILENCE Mayor Spiro said a moment of silence would be observed at this in respect of time in honor of Mr. Kenneth Butler who unexpectantly passed Kenneth Butler away. Councilman Hopkins requested that honoring Mr. Clyde & Clyde Chesney Chesney, known to many as "Father Chesney ", also be included in this moment, of silence as hey too recently passed away, and that a resolution of respect should be prepared accordingly. Council agreed. Rohnert Park City Council Minutes (2) January 28, 1992 Unscheduled Public Mayor Spiro stated that in compliance with State Law (The Appearances Brown Act), anyone in the audience who wished to make a comment may do so at this time. In most cases under legislation of the new Brown Act, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and unscheduled public appearances are requested to fill out the cards and present to recording clerk after speaking. Resident A resident inquired if the Mayor would be asking for public comments on the General Plan item scheduled on tonight's agenda as he would like to speak regarding the matter. Mayor Spiro responded that comments can be made on listed agenda items. George Horwedel George Horwedel, 7669 Camino Colegio, referenced minutes of previous Council meeting and said he did not see statements in those minutes reflecting Councilman Reilly's comments made regarding permanent open space. W. Horwedel said instead of Council acting on development matters, specifically regarding the Wine & Visitor Center Project listed on tonight's agenda, why not first hold public meetings in the high schools and other schools in each section of the City to find out what resident views are on the issue. C O N S E N T C A L E N D A R Mayor Spiro queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Mama. Councilman Reilly requested Resolution No. 92 -17 be removed from the Consent Calendar. Council agreed. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No.92 -12 A RESOLUTION OF RESPECT FOR KEN BUTLER Resolution No.92 -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DECLARING THE WEEK OF JAN11ARY 25 -31, 1992 AS "WINTER STORM PREPAREDNESS WEEK" Resolution No.92 -14 RESOLUTION ACCEPTING INPROVEM= AND AUTHORIZING RELEASE OF SECURITIES, PARCEL MAP NO. 126 Resolution No. 92-15 RESOLUTION CALLING FOR SEALED PROPOSALS, TRAFFIC SIGNAL: EAST COTATI AVENUE /BODWAY PARKWAY, PROJECT NO. 1991 -7 Rohnert Park City Council Minutes (3) January 28, 1992 Resolution No.92 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXPRESSING SUPPORT FOR SENATE BILL 593 Upon motion by Councilmember Hollingsworth, seconded by Councilmember Hopkins, with the exception of Resolution No. 92 -17, the Consent Calendar as outlined on the meeting's agenda was unanimously approved. Resolution No.92 -17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT WITH DEPARTMENT OF FORESTRY FOR TREE PLANTING PROGRAM BY SMALL BUSINESS ADMINISTRATION Councilman Reilly referenced the heading "Definitions" on page 1 of the SBA Tree Planting Program Agreement and said "Item 9" should be changed to "Item 10" which explains payment of administrative fees. Upon motion by Councilman Reilly, seconded by Councilman Hopkins, and unanimously approved, reading of Resolution No. 92 -17 was waived and said resolution was adopted with above correction to the referenced agreement. Resolution No.92 -18 A RESOLUTION OF AWARD OF CONTRACT, PUBLIC SAFETY BUILDING SECURITY SYSTEM, PROJECT NO. 1988 -18 City Manager Netter explained the resolution approving the award of bid to the low bidder Bay Alarm Company as reviewed in the Council Meting Mena. He said this was the second call for bids since the first call through select bid process generated only one bidder which was rejected by Council and recalled for bids in order to provide a better opportunity for the City to secure additional bids to verify the reasonable bid amount of said system. Mayor Spiro responded to request from the audience and consented to public com ants regarding this matter. Jerry Hallett of World Security, Inc., 654 Hancock Street, Novato, said his bid was the one previously rejected. He said he had no objection to fair play regarding this matter but he was told that provision of bid bond, or cash equal to the amount, was required to participate in the bidding procedure and, therefore, he conplied to the requirement. He expressed concern that this was not also specified as a mandatory pre- requisite for Bay Alarm Company according to City Attorney's indication that the conpany could provide such bid contract specifications after the fact. He did not think it was right that tonight's low bidder had the opportunity to know the amount of his previous bid and confirmed to Council inquiry that he increased his bid for this second call for bids after further review of his figures and decision that he could not Rohnert Park City Council Minutes (4) January 28, 1992 afford to pursue the work on the break even basis represented by his first bid. W. Hallett said competitors like himself would be discouraged from further participation in City bids under these conditions. Discussion followed during which Council reviewed the various bid amounts for the Public Safety Security System and requested City Attorney comments on the matter. City Attorney Flitner commented that it was unfortunate that the above- expressed frustrations happened regarding this bid, but Council has a responsibility to the tax payer as well as the bidder and must do its duty to proceed as necessary. He confirmed his response to the matter as reviewed in the Council Meeting Memo and said the items of concern were not substantial enough to reject the low bid. City Manager Netter said details of the original bid previously rejected by Council were part of the public record and reviewed potential problems of the previous select bid including concerns that the designer or drafter of the plans and specifications was the only bidder at the time. Mr. Netter said Council could give consideration to rejecting all bids again at this time which had already been done once and, therefore, did not seem advisable; consider Chief Dennett's comments as reviewed by City Engineer Brust regarding the necessity of the system since Public Safety has managed so far without such a security system and could probably continue to do so; or, adopt the resolution as presented awarding the contract to Bay Alarm Company with conditions as instructed by City Attorney for the company to sign the agreement and abide by the bid contract proposal and specifications. Further discussion followed during which Council confirmed the need for the security system in the new, larger Public Safety facility. Upon motion by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, reading of Resolution No. 92 -18 was waived and said resolution vac adopted yrith above- reviewed conditions as prescribed by City Attorney. Ordinance No. 552 AN ORDINANCE OF THE CITY OF ROHNERT PARK A LIMING TITLE 17 OF THE ROHNERT PARK M- VICIPAL CODE ZONING MAP CHANGE, CITY OF ROHNERT PARK, PLANNING FILE NO. 1400 (University Town Center) City Manager Netter explained the ordinance which was introduced at the January 14, 1992 Council meeting as reviewed in the Council Meeting Memo. He confirmed to Council inquiry that the Planning and Zoning Law specifies that one amendment to the General Plan can include several changes at one time. Rohnert Park City Council Minutes (5) January 28, 1992 City Attorney Flitner responded to Councilman Reilly's inquiry that if a particular General Plan amendment process begins in one year and proceeds into another year, it would be counted in the year it was completed, even though he said he also reviewed a case that went over into the next year but retained the count of the previous year in which it began. Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, reading of Ordinance No. 552 was waived and said ordinance was adopted. Ordinance No. 553 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMMING TITLE 17 OF THE ROHNERT PARK M NICIPAL CODE ZONING MAP CHANGE, CITY OF ROHNERT PARK, PLANNING FILE NO. 1432 ( Rohnert Park Wine Visitors Center) City Manager Netter explained the ordinance which was introduced at the January 14, 1992 Council meeting as reviewed in the Council Nbeting Memo. Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, reading of Ordinance No. 553 was waived and said ordinance was adopted by the following vote: AYES: (3) Councilmen Hollingsworth, Hopkins and Mayor Spiro NOES: (2) Councilman Eck and Reilly ABSENT: (0) None Scheduled Public James M. Clark, 80 Walnut Circle, referenced copies provided Appearance: to Council of his letter dated January 16, 1992 regarding James M. Clark Ordinance Proposal to Strengthen Mobile Home Tenancy as previously recommended at the November 26, 1991 Council meeting and was deferred to tonight's Council meeting in order to allow time for City Attorney and INbbile Home Rent Appeals Board to review the matter and make recommendations. He said he has done more research on this and it appears that the State Law comes close to what he is asking the Council to consider and asked if City Attorney could verify how close the State Law applies to the proposed ordinance. City Attorney Flitner referenced his memorandum dated January 6, 1992 in which he reviewed the City of Pacifica Ordinance regarding relocation of mobilehome parks and shared contents therein responding to the above inquiry by M'. Clark. He said a city's regulations cannot supersede State Law by can by ordinance provide more detail such as payment requirements which was the only difference he could ascertain between the State Law and the Pacifica ordinance. M'. Flitner confirmed to Council comment that the matter had not yet been enacted by the U. S. Supreme Court and said it would seem wise to wait for the U. S. Senate Court ruling on a pending case expected in June of 1992 before proceeding further with the proposed ordinance. Rohnert Park City Council Minutes (6) January 28, 1992 Mr. Clark encouraged Council not to waste time or hold up the process regarding the proposed ordinance since action could always be withdrawn if the Yee case referred to by the City Attorney does not uphold the law. Discussion followed during which Council reviewed the logic of proceeding with certain groundwork toward the proposed ordinance such as preparation of a draft ordinance and scheduling of public hearings to be held about the time Court rulings on the Yee case are available which would allow for efficiency toward enactment of the ordinance, if the Court rules in favor of the Yee case. A motion was made by Councilman. Eck, seconded by Councilman. Reilly, and unanimously approved, directing staff to proceed with groundwork toward scheduling public hearings to coincide with Court Rulings on the Yee Case expected June 1992 and directing City Attorney to prepare a draft ordinance similar to the ordinance adopted by the City of Pacifica. Parks and Recreation Mayor Spiro introduced Barbara A. Thunen as her nomination to Commission matter: the Parks and Recreation Commission and referenced copies Appointment provided to Council of Ms. Tifunen's Fact Sheet application for the opening. Mayor Spiro said she felt Ms. Thunen's experience in County Government and background working with committees and boards qualified her for the position. A motion was made by Mayor Spiro, seconded by Councilman Reilly, and unanimously approved, to appoint Barbara A. Thunen to the Parks and Recreation Commission for the balance of term that expires December 31, 1992. Barbara Thunen, 7463 Monet Place, expressed appreciation to Council for the opportunity to serve on the Parks and Recreation Commission. Mayor Spiro directed staff to be sure and inform Ms. Thunen about the upcoming Commissioners' Appreciation Affair this Friday evening. Resolution No.92 -19 A RESOLUTION APPROVING A JOB DESCRIPTION AND SETTING A PAY RATE AND RANGE FOR MANAGER OF YOUTH AND FAMILY SERVICES City Manager Netter explained the resolution as reviewed in the Council Meeting Memo explaining the evolution and transition of COW with Youth Services creating a new bureau of Youth and Family Services. He responded to various Council questions regarding same confirming that the change for the COYF Committee would be to advisory capacity similar to the function of the Sister's City(s) Relations Committee. Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, reading of Resolution No. 92 -19 was waived and said resolution was adopted. Rohnert Park City Council Minutes (7) January 28, 1992 Audit Management City Manager Netter referenced copies provided to Council of Letter Response staff response dated December 24, 1991 to the Audit Management Letter as presented by Deloitte and Touche and shared contents therein regarding each of the City's responses specifically addressing the auditors comments and giving additional information clarifying information or responding to what actions will be taken in order to address the issue. Mr. Netter offered to respond to Council questions related to this item. There were none. Sonoma County Grand City Manager Netter referenced copies provided to Council of Jury Final Report Sonoma County Grand Jury Final Report 1991 which includes 1991 several topics of various agencies throughout the County. He shared contents, as reviewed on the Council Meeting Memo, of the first topic in the report regarding Community Redevelopment Agencies in Sonoma County and said it is the only one needing particular attention specifically relating to the sections regarding School District Allocations and Low and Nbderate Income Housing Funds. He said the Executive Director mast respond to the listed comrents and recomrendations within ninety days to the presiding Judge of the Superior Court. Mr. Netter handed out a summary of current commitments made of Community Development funds for low /moderate housing projects and said most of the funds were committed in 1991 which wi l l be reported in next year's report, but the information will be provided in the responses which staff is in the process of developing and will be provided to City Council and Comnanity Development Agency Members for review when finalized. Discussion followed during which concerns were expressed regarding the clarity of understanding the total picture of the Redevelopment Agency and wondering how the County can make a determination regarding what the City is doing without involvement in the meetings that resulted in contents of the report. Further discussion continued. A motion was made by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, directing response to this Grand Jury Report as recomrended by staff. AB 939 update 1) City Manager Netter referenced copies provided to Council of letter dated December 18, 1991 from California Integrated Waste Management Board regarding Preliminary Draft Source Reduction Recycling Element and Household Hazardous Waste Element for the City of Rohnert Park as well as staff report dated January 3, 1992 reviewing same and shared contents therein as outlined in the Council Meeting Mega. The matter has been referred to Consultants Brown Vence & Associates for compilation and final draft preparation of the elements. Councilman Hopkins Councilman Hopkins left the Council Chamber at approximately Leaves 7:19 p.m. Rohnert Park City Council Minutes (8) January 28, 1992 2) City Manager Netter referenced copies provided to Council of staff report dated December 20, 1991 regarding notice issued by the Integrated Waste Management Board of funding availability for a Household Hazardous Waste Discretionary Grant Program and shared contents as reviewed in the Council Meeting Nbtb. Due to the benefits as reviewed relating to the cities having a better opportunity to be successful in the application with a greater amount of funding by joint application, and with preliminary approval from the Technical Advisory Committee that these members would support a joint application, W. Netter said it is staff's recommendation that Rohnert Park prepare the application on behalf of the Joint Powers Authority made up of the cities and the County of Sonoma. A motion was made by Councilman Eck, seconded by Councilman Hollingsworth, and unanimously approved (4 to 0 with absence of Councilman Hopkins as previously signified), directing preparation of Household Hazardous Waste Grant application on behalf of the Joint Powers Authority as outlined by staff. RECESS Mayor Spiro declared a recess at approximately 7:20 p.m. RECONVENE Mayor Spiro reconvened the Council meeting at approximately 7:30 p.m. with all Councilmembers present. Wine & Visitor City Manager Netter referenced copies provided to Council of Center Project staff report dated January 23, 1992 regarding Rohnert Park Wine and Visitor Center Project and Financing and shared contents therein as reviewed in the Council Nbeting Memo. He confirmed the construction and financing plan has been settled and that the City will not be taking on the responsibility of either constructing or financing the facility, but that the Wineries Association has agreed to construct the facility and borrow necessary building and improvement funds. The Wineries Association would secure the loan with a Master Lease arrangement with the lender. The City would not secure the loan nor would the City be a part of that agreement. The City's participation in the project would be to lease the land to the Wineries Association and allocate promotion funds in the amount of approximately $75,000 (net) annually, which ues figured as follows: $116,000 gross less $30,000 rent and $12,000 for other leases. Providing promotional funds is the same structure the City currently has with the Chamber of Commerce and the Sonoma County Visitors and Convention Bureau, in efforts to promote the City to assist in increasing additional revenues through sales and transient occupancy taxes. W. Netter suggested that the $150,000 currently held in a reserve for the Wine Center be allocated as follows: $50,000 for cost of the EIR and other consultants and $100,000 for advance promotion funds for the Wine & Visitors Center. Mr. Netter reviewed other benefits of the project as outlined in the Memo. He said this is a beneficial situation for everyone involved and provides an opportunity for a ��, Rohnert Park City Council Minutes (9) January 28, 1992 partnership in an investment to assure a healthy economy in Rohnert Park and protect the approximately $800,000 received from TOT tax which helps maintain levels of service in Rohnert Park. Discussion followed during which City Manager Netter responded to various Council questions regarding terms of the proposed agreement with the City whereby, in the event the Wineries Association defaults in the transaction, the City would take over the building and improvements and continue making annual payments on the loan which would include retaining initial investment of the Wineries Association. Mr. Netter confirmed staff has consulted with City Attorney who has indicated that the referenced agreements can be drafted in accordance with Municipal Law and the items of concern would be covered in context of a long term agreement. In response to questions regarding involvement with the building design, City Manager Netter said the project would have to go through the normal process through the Planning Commission including standard architectural review. He said Red Lion has stepped forward and said it would not be opposed to increasing TOT by 1 percent. Mr. Netter confirmed that the land lease with the City is merely a structural part of the program with response by City Attorney Flitner that this is a big project to consider and the main issue is that the City would be getting a building worth $1.3 million. Comments continued that even if a default occurred immediately, which is not likely, the maximam cost to the City for the $1.3 million value would only be $800,000. Councilman Reilly coirplimented the package and said there are still some chances to be taken in it, but it is what's needed for a ballot measure. He said he would vote for this project as a citizen on the ballot measure, but would vote "no" on it as Council action. Councilman Eck said he did not know all that would be entailed for a ballot measure, that terms of the agreement for the project would have to be carefully worked out to ensure a good deal, but to turn the project down now that the major financial concerns are covered would not be to the best interest of the com=ity. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, to accept the financial package for the Rohnert Park Wine & Visitor Center Project as recommended by staff was approved by the following vote: (AYES) (4) Councilman Eck, Hollingsworth, Hopkins and Mayor Spiro (NOES) (1) Councilman Reilly (ABSENT) (0) None Rohnert Park City Council Minutes (10) January 28, 1992 Refuse Collection City Manager Netter explained the resolution for consideration Rates as outlined in the Council meeting memo regarding proposed garbage rate increases. Staff provided two options for review, as previously requested by Council, as follows: (1) a 2.5% option for existing, and (2) an option that would set aside additional funds for upcoming programs as mandated by AB939. W. Netter said a public hearing has been scheduled at this time regarding this matter. Council Committee Member Eck reviewed discussion at recent Garbage Committee meeting and said the idea of proposing the second option was basically to forewarn the Council and public of what is in sight, but it was the recoumndation of the Garbage Committee comprised of himself and Councilman Hopkins, to focus on actual current rate increase at this time and hold off on adjusted rate increases until July. Discussion followed regarding the probable need, though regrettable, of setting rates according to volume at sometime in the future. Public Hearing Mayor Spiro opened the public hearing at approximately 7:54 p.m. John D. Chase Letter John D. Chase, 6062 Dolores Drive, submitted letter regarding this matter expressing concerns regarding recycling requirements and understanding that a profit was to be derived from recycling. He requested consideration be given to recycling revenues in justifying the increase in charges. George Horwedel George Horwedel, 7669 Camino Colegio, shared concerns resulting from first meeting as president of new condominiums regarding conparison of condo garbage rates to resident rates. He said the average rate per month for condos is $10.16 per unit as compared to $8.20 for a residential home. He requested Council to wait until next Council meeting to take action on the proposed garbage rates to allow time for further review of the difference between these rates. Whitey Stratton Whitey Stratton, 875 Holly Avenue, said he owns an apartment and the bins are Burped twice a week, which should be taken into consideration in further review of the condo rates. Mc. Stratton asked if the City has a life time contract with Empire Waste Management and does it state in the contract that the company gets raises whenever requested. There being no one further desiring to speak, Mayor Spiro closed the public hearing at approximately 8:01 p.m. Discussion followed during which City Manager Netter responded to Council questions that condos pay a commercial rate based on the number of dumpsters involved at each location and the number of pickups each week, there is a tipping fee based on volume, and confirmed the service is on a more frequent basis Rohnert Park City Council Minutes (11) January 28, 1992 than provided to residential homes. Mr. Netter reviewed the billing complications that would result from further delay of Council action on this matter. Councilman Eck said there would be nothing wrong with setting the rates at this time and coming back later with revisions, if necessary, after further review of the matter. City Manager Netter responded to above public inquiry that the City has a long term relationship with Empire Waste Management with a contract currently of approximately five years. Negotiations involve an extensive financial review and the Council Committee has spent a lot of time reviewing a new methodology that will be presented for consideration in the near future. Council Committee Member Eck said the City has been forced by mandates to go to the new curbside service system. Resolution No.92 -20 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK SETTING GARBAGE AND RUBBISH OR REFUSE COLLECTION RATES Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, Resolution No. 92 -20 was adopted approving the first option of a 2.5% garbage rate increase. Water Shortage City Manager Netter explained the resolution for consideration Contingency Plan as outlined in the Council Meeting Memo regarding the Water Shortage Contingency Plan and the three stages of action based on specific triggering criteria. Discussion followed during which City Engineer Brust responded to Council questions regarding reapportionment to the City's formula that this plan has nothing to do with the formula, that the various stages have to do with a percentage reduction and a plan is needed. He confirmed Council comment that because Rohnert Park is mostly on groundwater, this should not be viewed as threatening to Rohnert Park's particular situation. Public Hearing Mayor Spiro opened the public hearing at approximately 8:05 p.m. Dave Nbchel Dave Nbchel, 4405 Hollingsworth Circle, expressed concern in regard to stating his home address and said he would do so if consistently required of every public speaker. He asked at what point does moratorium and new hook ups come into the question, and should there be consideration on new hook ups. There being no one further desiring to speak, Mayor Spiro closed the public hearing at approximately 8:08 p.m. Discussion followed during which Councilman Eck referenced Stage 3 of the plan for building moratoriums and said if recycled water is used for irrigation, it was not clear how Rohnert Park City Council Minutes (12) January 28, 1992 that fits into the plan. Staff indicated that language would be added to clarify the use of reclaimed water for irrigation purposes. Resolution No. 92 -21 A RESOLUTION OF THE COLUCIL OF THE CITY OF ROHNERT PARK ADOPT- ING THE CITY OF ROHNERT PARK WATER SHORTAGE CONTINGENCY PLAN Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, Resolution No. 92 -21 was adopted with above - recommended clarification regarding use of recycled water for irrigation. Planning & Zoning Planning Director Skanchy referenced plans on display and matter: said copies were provided to Council of Staff Report dated File No. 1514 January 9, 1992 regarding File No. 1514 - International House of Pancakes - Site plan and architectural review application to construct a 4,212 sq. ft. restaurant with seating capacity for 154 people proposed to be located at 4635 Redwood Drive in the CS PD District. W. Skanchy shared contents therein and responded to various Council questions regarding consistency of color with the surrounding buildings, landscape set back exception as previously approved for Union Oil since there is not a plan established per se on Redwood Drive, confirmation that some additional landscaping was made possible by cutting down on building size, and explanation regarding Wal Mart agreement with Codding Enterprises to provide 5 1/2 parking spaces per thousand square feet. Upon motion by Councilman Hopkins, seconded by Councilman Eck, File No. 1514, Site Plan and Architectural Review for International House of Pancakes as recommended by Planning Commission was unanimously approved. Community Separators/ Councilman Eck referenced copies provided to Council of letter Open Space Committee dated January 16, 1992 from City of Healdsburg Councilman Ben Report Collins with attached document entitled "InterGovernmental Program for the Protection of Community Separators" and said details were reviewed in the Council Meeting Memo. Councilman Eck said it was not necessary to take action tonight regarding Council response to the document as requested, but it should be placed on a Council agenda for action in the near future in light of the next item on tonight's agenda regarding Santa Rosa 11 bari Boundaries south of Todd Road. He said Council should pay particular attention to item No. 1-C which proposes non - annexation of the community separators as strong LAFCO policy. Discussion followed during which City Manager Netter gave the example of Home Depot being prohibited if the City agreed with this proposal as the site and an additional 21 acres in the City's sphere of influence is in the County's Community Separator. Councilman. Eck said there were several other items on which Council should be updated such as AB939, Santa Rosa sewer bond, etc. Comment was also made re- Rohnert Park City Council Minutes (13) January 28, 1992 garding differing variations on "open space" definitions. Council concurred to schedule an Open Space Work Session on March 3, 1992 at City Hall from 5:00 p.m to 7:00 p.m. Santa Rosa Urban Council Committee Member Hollingsworth said he and Council Boundaries south Committee Member Eck met yesterday, January 27th, 1992, with of Todd Road Santa Rosa Councilman Bill Knight, Santa Rosa City Manager Ken Blackman and Rohnert Park City Manager Netter to discuss Santa Rosa urban boundaries south of Todd Road. He said the people below Todd Road want City water but it does not appear Santa Rosa will offer anything for the next 4 to 5 years. He referenced plans on display regarding the section in the area of Nbuntain View Avenue and Horn Avenue and said there was discussion to separate it and keep it permanent open space, but this area would be reviewed later. Councilman Eck said he planned to review this matter more fully with David Hansen of Sonoma County Agricultural Preservation and Open Space District as more serious consideration is now being given to this issue and leading to the need to discuss the 1/4% sales tax revenues. Discussion followed during which comments were made regarding potential sales tax revenues that would be generated for Santa Rosa, that there is quite a difference between annexing open space and land that generates sales tax revenues because the City ends up having to pay that to the County, and consideration needs to be given to the overall physical restraints. It would seem there would need to be some benefits to Rohnert Park as well, like provision of open space. City Manager Netter said this would include a joint effort on everyone's part and referred to recent call from Area Supervisor Tim Smith who confirmed this matter of open space and comruni ty separators between Rohnert Park and Santa Rosa to be one of the highest priorities. City Manager Netter indicated Santa Rosa was willing to enter into an agreement with Rohnert Park for the protection of open space between Rohnert Park and Santa Rosa. Further discussion followed regarding the County's loss from sales tax revenues such as Friedman Bros. and that traditionally the County has lost on these issues, Santa Rosa's need to clean up its entry, and the need to separate the review of booking fees from open space discussions. City Manager Netter confirmed staff would report back to Council following its first meeting with the various representatives involved regarding this matter. General Plan matters: 1) City Manager Netter referenced plans on display and said copies were provided to Council of Council Committee /Staff Report dated January 24, 1992 regarding three options Council may want to consider in its proposed General Plan Update. He shared contents therein describing the options and said all are in the realm of meeting the criteria based on the General Rohnert Park City Council Minutes (14) January 28, 1992 General Plan (cont'd) Plan and would be treated under those rules and regulations as outlined in the General Plan. option On emphasizes the smallest area, bounded by the City limits on the west, Cannon Manor on the north, Petaluma Hill Road on the east and Valley Housing Drive on the south. The plan could be completed in six months. Option Two emphasizes the southeast area bounded by the City limits on the west, Cannon Manor on the north, Petaluma Hill Road on the east, and Railroad Avenue on the south and could be completed in six to eight months. Cation Three, a "Sphere of Influence Plan", emphasizes the entire area between the City limits on the west and Petaluma Hill Road on the east and would take at least one year to complete. W. Netter said the issues that must be considered are cost and timing. If Council decides to proceed with the full blown plan of Option Three, the timeline of Comnittee meetings, public hearings, etc. will increase greatly. He referenced the summary form on page 3 of the Committee /Staff Report and said it could be a three year process for the third option. City Manager Netter said he has had a call from the individuals that represent the referenced property who have confirmed a willingness to pay the costs associated with the EIR. In addition, they are willing to give land on the west side to compensate for land use on the east side. He reviewed several other advantages to consider such as receipt of the $2.5 million for annexation fees, and consideration to use interest generated by these funds could be used to maintain existing parks and recreation complexes, though not necessarily tied to this purpose. If options 2 or 3 are pursued at this time, the City does not have the necessary funds to proceed and these options would elongate the process. W. Netter said, therefore, staff outlined a phasing approach beginning with Option 1, the smallest area including open space buffer to the north and west of the City. This process would include the entire process as outlined in the current General Plan including the public participation and designated Council Committees, etc. Because of the cost, the 2nd phase of the option could be done next year sometime in August or September, then work into Phase 2. He said this recommendation has been discussed with the City's legal staff as well as Margaret Sohagi, the planning law expert who dSSlsteu UU-L'1Y 3 UL-16i 1c5L 1 8LCrc1 Plan pU-1C_lt C . t 1-41c a. So iagi advised that the acre for acre policy is very tenuous and it might not be legal to require an acre for acre policy as a condition for annexation but, otherwise, legalities would stand up if people donated the land. She indicated this could be accomplished through development agreements. Council Committee Member Hollingsworth said he and Council Committee Member Eck spent several hours reviewing this matter and agreed to disagree. The two options reviewed in the Committee meeting were Options 1 and 3. Councilman Hollingsworth said he preferred Option 1 with the opportunity Rohnert Park City Council Minutes (15) January 28, 1992 General Plan (cont'd) to do a site specific review with the provision of some land set aside for soccer fields that could be irrigated by treated water. This also provides an opportunity to assist the City in its financial burden and assist in providing additional housing for first time home buyers. Council Comnittee Member Eck said he did not disagree with a lot of Councilman Hollingsworth's comments but did not come to the same conclusion in that he supported option 3 instead of Option 1. In the event that any large scale annexation is done, when the survey of residents desired a population cap, this next annexation could be getting down to that population cap. If only another small number is going to be developed, property owners should have equal opportunity. A very nice offer has been presented but there have also been others. It would be good for all proposals to go into the hopper for a full review focused on an entire sphere of influence. Some questions are still not answered such as, "Are golf courses open space ?" and, "If a General Plan is done, where would the funds come from, since such funds would not necessarily come from developers ? ". Councilman Eck said he would offer Option 3 as the best approach to give all proposals an equal opportunity. Discussion followed during which City Attorney Flitner responded to various Council questions regarding General Plan legalities such as proceeding with a site specific is consistent with State Law; Rohnert Park's General Plan contains language that a General Plan update shall be done relative to size wherein every affected element of the General Plan mist be reviewed; he commented on the term "thorough" and quoted from the General Plan that "A thorough General Plan review is defined as a process....." and stated that "significant" annexation would signify a longer General Plan process because of the greater impacts for a larger area with the possibility that the smaller the annexation, the shorter the process; and that the considered issue of concern does seem to represent a site specific but if the decision is made to proceed with a full General Plan review, it would take an outset of City funds to do so. Councilman Reilly said the General Plan states a thorough update is to be done prior to "any" annexation regardless of the reference and /or understanding of "significant" annexation. Further discussion followed during which comparisons were msde to current economic conditions as conpared to commitments made during the previous General Plan review; Phase 1 should not be started unless the intent is to proceed to Phase 2; comment was made that the City's sphere of influence used to be outside Petaluma Hill Road and maybe it should not have been changed with response that it has provided the opportunity for this beneficial dialogue which otherwise might not have taken Rohnert Park City Council Minutes (16) January 28, 1992 General Plan (cont'd) placed and conflicts in the General Plan with statements that houses have to be built on one hand and an obligation on the other hand to retain open space. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, to proceed in a phasing approach toward the General Plan update as outlined by staff starting with Option 1 with commitment to be made in July when budget is reviewed to determine when the next phase can be considered and whether it will be Option 2 or 3, with friendly amendment by Mayor Spiro to break the area up into two or three pieces, and approved by the following roll call vote: AYES: (3) Councilmen Hollingsworth, Hopkins, and Mayor Spiro NOES: (2) Councilmen Eck and Reilly ABSENT: (0) None RECESS Mayor Spiro declared a recess at approximately 9:05 p.m. RECONVENE Mayor Spiro reconvened the Council meeting at approximately 9:18 p.m. with all Councilmembers present. 2) City Manager Netter said copies were provided to Council of letter dated January 16, 1992 from Douglas A. Hayes, Cannon Manor resident, requesting to be placed on a committee to review the General Plan, if Council decides to proceed. Discussion followed regarding the make up of a General Plan Committee, confirmation that anyone desiring to participate in the review has the opportunity to speak, that those on the committee should be citizens, and conclusion that Council Committee Members Eck and Hollingsworth will review the matter and make recommendations for further consideration. 3) City Manager Netter referenced plans on display and said copies were provided to Council of informational material from Keith Hailock, 4730 Snyder Lane, regarding proposed affordable townhouse project. He said this proposal would be included in discussions of the aforementioned Phase 2 of the General Plan procedure following July budget reviews. Discussion followed during which Mayor Spiro acknowledged the presence of Keith Hallock in the audience. She said she has previously discussed with staff the possibility of commercial development and a golf course in the referenced area to the north. 4) Joanna Callenbach of YCS Investments, 170 Maiden Lan, San Francisco, Ca. 94108, submitted written comment during the Council meeting stating, on behalf of YCS Investments, she would respectfully request that the City Council include approximately 150 acres at the intersection of E. Railroad Avenue and Petaluma Hill Road in its General Plan update. Rohnert Park City Council Minutes (17) January 28, 1992 Alcoholic Beverage City Manager Netter said copies were provided to Council of Control/Responsible 1) previously distributed letter dated November 7, 1991 from Hospitality Project Department of Alcoholic Beverage Control regarding results of meetings with Responsible Hospitality Project; 2) draft from Responsible Hospitality Project regarding proposed public facility alcohol management policy which has been structured after above- reconr endations; and 3 ) staff report dated January 13, 1992 regarding adoption of most of the policies as recommended with elimination or modification of the policies that would create additional expenditures of staff time or are not enforceable. Mr. Netter introduced Responsible Hospitality Project Representatives Barbara Graves and Nancy Hauser who were available to respond to Council questions. Discussion followed confirming complications of enforce- ability. Comment was made regarding the need for specific rules and regulations especially related to the responsibility of large organizations. Reference was made to history of this country's problems related to prohibition with response that the country is now heading into a social attitude change and there is a need today for those who serve a 1 coho 1 to be more aware of related problems and do their part to help relay that message. Mayor Spiro referenced the Responsible Hospitality Project draft policy and said the following items should be put back in the City's policy: the signage requirement that applies to any place serving alcohol according to Proposition 65; Item No. 1 under Staffing requiring presence of a person trained in responsible beverage service; and item Nos. 2 and 5 under Food and Beverage Service requiring food to be made available where alcoholic beverages are served and requiring alcoholic beverages to be served in distinctly different containers from those used for non - alcoholic beverages. A motion was made by Councilman Hollingsworth, seconded by Councilman Reilly, to accept the Public Facility Alcohol Management Policy as recommended by staff with inclusion of signage requirement and above - reviewed draft items No. 1 under Staffing and Nos. 2 and 5 under Food and Beverage Service, and approved by the following vote: AYES: (3) Councilmen Hollingsworth, Reilly, and Mayor Spiro NOES: (2) Councilmen Eck and Hopkins ABSENT: (0) None All America City City Manager Netter referenced copies provided to Council of Award Program staff report dated December 3, 1991 regarding attached receipt of application packet for the 1992 All America City Award Program and shared explanation as reviewed in the Council Rohnert Park City Council Minutes (18) January 28, 1992 Meeting Memo. He said due to constraints of budget as well as time of existing staff, it is the recommendation of staff not to compete in 1992 but give consideration to 1993 application. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, to delay the All America City application to next year 1992 -93. Green Mill Inn sign City Manager Netter referenced copies provided to Council of letter dated January 7, 1992 from Raymond E. Paschke, Manager of Government /ConTmmity Affairs for National Advertising Company regarding the Green Mill Inn sign as reviewed in the Council Meeting Memo. He said staff recommends deferral of this item to City Attorney for further review and opinion. A motion was made by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, to defer the Green Mill Inn sign matter to City Attorney as recommended by staff. ComamiAnications Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. 1) Councilman Hollingsworth referenced copies provided to Council of letter dated January 13, 1992 from Sophia Francesconi- Frazier regarding auto accident involving her son and subsequent towing of vehicle to private tow company lot. He reviewed content of the letter regarding frustrations the lady and son encountered toward retrieving the vehicle and in communications regarding same with the Public Safety Department. W. Hollingsworth said City staff is here to serve the public and when a person in the public has a particular problem, staff should respond in the most helpful manner possible and not get carried away with procedure. He reviewed similar experiences involving his family and said there seems to be a need to review towing policy and practices within the City of Rohnert Park. Discussion followed. Public Comment Mayor Spiro consented to request for public comment. James M. Clark James M. Clark, 80 Walnut Circle, said he agreed with Council comments that the Public Safety Department needs to be more concerned regarding its response to problems encountered by citizens. He said there is a serious problem related to excessive towing charges specifically in connection with Budget Towing. There is a law suit pending scheduled for tomorrow morning at 9:00 a.m. in Superior Court. Council should deny the privilege to such companies to operate in the City of Rohnert Park. Rohnert Park City Council Minutes (19) January 28, 1992 Further discussion followed regarding application of State law and establishment of City policy as long as it does not supersede State law. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, directing staff to review the City's towing regulations and enact a policy to assure reasonable fees and towing practices. 2) Councilman Eck referenced copies provided to Council of Press Release from Rohnert Park Founder's Day Association regarding 1992 Founder's Day activities and said the Founders Day Association is trying to raise advertisements funds for these activities. A motion was made by Councilman Eck, seconded by Councilman Reilly, and unanimously approved, directing a letter be sent to Board of Supervisors Tim Smith encouraging the Board to contribute financial support for advertisement to Founder's Days Association for the new 4th of July "Gala" 30th Birthday event. 3) Councilman Eck referenced copies provided to Council of flyers for Sonoma County Agricultural Preservation and Open Space District's upcoming workshop in this area at the Petaluma Veterans Memorial Building from 7:00 to 9:00 p.m. on Thursday, January 30, 1992. City Manager's 1) City Manager Netter referenced copies provided to Council Report: of letter dated December 30, 1991 from California Integrated Waste Management Board regarding the City's Household Hazardous Waste Management Program Non - Discretionary Grant application and said the City will receive $4,784 from this grant which is proportional to the amount of waste generated in the City. 2) City Nanager Netter said copies were provided to Council Of memorandum dated January 8, 1992 from Sonoma County Water Agency regarding Zone 1A funds revised project rankings based on evaluation criteria. He said notice has been received that $230,000 has been approved for Rohnert Park project listed as item No. 6 - Commerce Blvd. Conduit, of which Director of Public Works /City Engineer Brust sat on the committee. 3) City Manger Netter referenced copies provided to Council of letter dated January 14, 1992 from County of Sonoma Auditor - Controller regarding litigation case of A T & T relating to utility property taxes that have not been impounded. This item could cost the City approximately $106,000 and the Community Development Agency $31,500. W. Netter said there is an appeal filed on this case and expressed hope that it be wean. Rohnert Park City Council Minutes (20) January 28, 1992 4) City Manager Netter said copies were provided to Council of letter dated January 8, 1992 from Office of County Adminis- trator regarding Local Agency Grant Program funds that had to be revoked due to credits against Senate Bill 2557 that authorized Property Tax Administration and Jail Booking Fees which were canceled by Board of Supervisors action at the end of fiscal year 1990 -91. Mr. Netter said the refund amounts to approximately $19,000 for Rohnert Park and the letter is requesting approval of the wording of the draft resolution to enable reimbursement of the funds without potential claims relating to same. A motion was made by Councilman Hollingsworth, seconded by Councilman Eck, and unanimously approved, accepting provision by the wording of the Local Agency Grant Program to refund above - reviewed credits for previously authorized SB2557 Property Tax Administration and Jail Booking fees as recommended by staff. 5) City Manager Netter reviewed $34.5 million bond issue by City of Santa Rosa Subregional Sewage System relating to Santa Rosa raising its rates. Discussion followed which concluded in Council directive for the City of Rohnert Park to stay in line with Santa Rosa increases. Councilman. Eck also suggested that notices should be sent to residents through the utility bills informing them of increases that will be forthcoming to keep citizens informed. 6) City Manager Netter updated Council on the New Public Safety Building - Architect's contract and request for additional funds due to delays of the project. He said that he and City Engineer Brust have been reviewing reasons for delays to analyze both City and Architect cause. Discussion followed during which City Manager Netter and City Engineer Brust responded to various Council questions regarding delays with Council directive that any penalties should apply both ways. It was concluded that staff would finalize this report for Council review at a later date. 7) City Manager Netter referenced copies provided to Council of letter dated January 27, 1992 from Congressman Frank D. Riggs regarding First Congressional District Housing Advisory Committee meeting to be held on February 10, 1992 at the Healdsburg City Council Chambers from 3:00 p.m. to 5:00 p.m. and said this information was provided in the event that any Councilmember might want to attend. 8) City Manager Netter said the 2nd installment was received from Codding Enterprises in the amount of $100,000. 9) City Manager Netter said he and Finance Director Harrow would be out of town this coming Thursday and Friday, January 30 and 31, 1992 attending a REMQF meeting in San Francisco. Rohnert Park City Council Minutes (21) January 28, 1992 City Attorney's 1) City Attorney Flitner said INbnday is the date we met with Report: Judge Weinstein about our disagreement pertaining to the Nbbile Home Rent Appeals matter. 2) City Attorney Flitner said he has been contacted by Margaret Sohagi regarding U. S. Supreme Court Amicus Brief land use issue requesting the City's support of it. He briefly reviewed some of the details therein and said the City should have some general policy regarding the matter, but he has not had time to read this particular case, and will not have time to do so prior to the need to signify support by the end of the month. Council concurred to support principle police power to determine set back lines and agreed further review of this matter would not be necessary. Matters from Council: 1) Mayor Spiro expressed concern regarding length of Council meeting minutes to which City Manager Netter responded that staff is making continual efforts to condense same. 2) Councilman Hopkins said information regarding Economic Development Corporation would not be available until the next Council meeting. 3) Councilman Hopkins referenced copies provided to Council of letter dated January 7, 1992 from Sonoma County Transit regarding his Plan for Public Elderly /Handicapped After -Hours Taxi Program and said this is an alternative that can be considered and reviewed at a later date. City Engineer Brust said this item relates to County STA funds coming up in April and Council's directive will be necessary in order to crave ahead with it. He said the County can spend STA funds as operator for the City. 4) Mayor Spiro referenced copies provided to Council of invitation to Sister Cities Annual Japanese Festival, Saturday, February 1st, 1992 at the Rohnert Park Community Center with sake barrel breaking at 11:45 a.m. 5) Mayor Spiro said copies were provided to Council of invitation from Wal -Mart to attend it Grand Opening in Rohnert Park and participate in the ribbon - cutting ceremony to begin at 8:00 a.m, with ribbon cutting at 9:00 a.m, on Tuesday, February 4th, 1992. 6) City N inager Netter referenced invitation from League of California Cities Redwood Empire Division regarding its next quarterly meeting to be held on Saturday, February 22, 1992 at the Red Lion Hotel and said Council should provide RSVP's to City Manager's secretary. Rohnert Park City Council Minutes (22) January 28, 1992 7) Councilman Reilly said he had four related items and presented a plaque to the City of Rohnert Park from "Caring at Christmas" in recognition of continued support for families of Rohnert Park and Cotati. He also presented three certificates regarding same to be framed and presented to Rohnert Park Volunteer Firefighters Assn., Rohnert Park Police Officers Assn., and Rohnert Park Department of Public Safety for their contributions to the "Caring at Christmas Program" December 1991. Councilman Reilly said there was tearful appreciation expressed regarding the certificates from the City recently presented to representatives of the "Caring at Christmas Program ". 8) Mayor Spiro referenced copies provided to Council of letter dated January 3, 1992 from the United States Conference of Mayors regarding invitation to participate in the 1992 City Livability Awards Program and said the Performing Arts Center would make a great submittal and recommended the City pursue this item. In addition, Mayor Spiro commented on an award program for drunk driving and recommended the City also participate in same. Unscheduled Public Mayor Spiro asked if anyone in the audience wished to make an Appearances appearance at this time. No one responded. Adjournment Mayor Spiro adjourned the meeting at approximately 10:13 p.m. De Ci Clerk )) Mayor